A/66/268
openings in solitary confinement cells were found to have steel sheets welded to the
outside bars, which restricted light and ventilation (E/CN.4/2006/6/Add.3, para. 47).
In Israel, solitary confinement cells are often lit with fluorescent bulbs as their only
source of light, and they have no source of fresh air. 28
51. Rules 12 and 13 of the Standard Minimum Rules stipulate that detention
facilities should provide sufficient sanitary fixtures to allow for the personal
hygiene of the detainee. Therefore, cells used for solitary confinement should
contain a lavatory and wash-basin within the cell. 29 In its 2006 report on Greece,
the European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment observed that isolation cells in the Komotini Prison failed
to meet the necessary minimum standard for sanitary fixtures because detainees
were forced to use the toilet for a wash-basin as well. 30 Other environmental
factors, such as temperature, noise level, privacy, and soft materials for cell
furnishings may also be implicated in the solitary confinement setting.
2.
Prison regime
52. The principal aspects of a prison regime relevant to an assessment of the
conditions of solitary confinement include access to outdoor exercise and
programming, access to meaningful human contact within the prison, and contact
with the outside world. In accordance with rule 21 of the Standard Minimum Rules
for the Treatment of Prisoners, every prisoner who is not employed in outdoor work
shall have at least one hour of suitable exercise in the open air daily if the weather
permits. Similarly, the European Committee for the Prevention of Torture
emphasizes that all prisoners without exception should be afforded the opportunity
to have one hour of open-air exercise per day. 31 However, State practice indicates
that these standards are not always observed. In Jordan, for example, a detainee was
allowed outside of his solitary confinement cell for only one hour per week
(A/HRC/4/33/Add.3, appendix, para. 21). In Poltrotsky v. Ukraine, the European
Court of Human Rights found that a lack of opportunity for outdoor exercise,
coupled with a lack of access to natural light, constitutes a violation of article 3 of
the European Convention on Human Rights. 32
53. Access to meaningful human contact within the prison and contact with the
outside world are also essential to the psychological health of detainees held in
solitary confinement, especially those held for prolonged periods of time. Within
prisons this contact could be with health professionals, prison guards or other
prisoners. Contact with the outside world could include visits, mail, and phone calls
from legal counsel, family and friends, and access to reading material, television or
radio. Article 17 of the International Covenant on Civil and Political Rights grants
prisoners the right to family and correspondence. Additionally, the Standard
Minimum Rules for the Treatment of Prisoners provide for various external stimuli
__________________
28
29
30
31
32
11-44570
Solitary Confinement of Prisoners and Detainees in Israeli Prisons, Joint Project of Adalah,
Al Mezan (Gaza) and Physicians for Human Rights (Israel, June 2011).
Shalev, op. cit., p. 42.
Council of Europe, Committee for the Prevention of Torture, Report to the Government of
Greece on the visit to Greece carried out by the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment, 20 December 2006 (CPT/Inf
(2006)), p. 41.
Council of Europe, “CPT Standards” (CPT/Inf/E (2002) 1 — Rev. 2010), sect. II, para. 48.
Poltrotsky v. Ukraine, p. 146 (European Court of Human Rights, 2006-V).
15
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